Late Friday word had come that Judge Lucy Koh had granted Apple an injunction against the Samsung GALAXY Nexus
. For Samsung, this has to be scary because there are two patents that the GALAXY Nexus had infringed on according to the Judge, that the Samsung Galaxy S III also uses. Samsung has filed an appeal on the injunction order against the Samsung GALAXY Nexus and has asked for a stay on the injunction for the duration of the appeal.
"NOTICE IS HEREBY GIVEN that Defendants Samsung Electronics Co. Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC appeal to the United States Court of Appeals for the Federal Circuit from the June 29, 2012 Order Granting Motion for Preliminary Injunction entered in the above-captioned action, and each and every part thereof."-from Samsung's filing
Samsung has listed a number of arguments in its filing such as, "The Court's finding that Apple will suffer irreparable harm was based on legally insufficient evidence that Samsung and Apple are competitors."
By trying to prove to the court that it is not a competitor to Apple, Samsung is trying to show that Apple did not lose any market share as a result of Samsung's actions. " "The Court's order is inconsistent with the Federal Circuit's directive that market share losses must be substantial."
According to Samsung, if Apple cannot prove substantial damages, it should not be awarded the injunction against the Samsung GALAXY Nexus. Samsung argues that the damages must be due to the "infringing feature" itself, which is a lot smaller than figuring out damages based on sales of all of the Samsung GALAXY Nexus units on the market.
Samsung seeks a stay on the Samsung GALAXY Nexus injunction
"The Court's causation finding as to the '604 patent was erroneous, or at a minimum raises substantial questions." The '604 patent relates to unified search as it works with Siri. Samsung argues that Siri is a different feature than the unified search covered by the '604 patent. Judge Koh disagreed and felt that Apple faced irreplaceable harm from Samsung's actions.
FOSS Patents does not see Judge Koh staying her injunction of the Samsung GALAXY Nexus for the entire duration of the appeal, but might give Samsung a stay until the Federal Court decides on whether to grant its own stay.